(1) The term "health or social welfare
organization" means an organization, including any community
action council, which renders health or social welfare services
as defined in subsection (2) of this section, which is a domestic
or foreign not-for-profit corporation under chapter 24.03 RCW and
which is managed by a governing board of not less than eight
individuals none of whom is a paid employee of the organization
or which is a corporation sole under chapter 24.12 RCW. Health
or social welfare organization does not include a corporation
providing professional services as authorized in chapter 18.100 RCW. In addition a corporation in order to be exempt under RCW 82.04.4297 must satisfy the following conditions:
(a) No part of its income may be paid directly or indirectly
to its members, stockholders, officers, directors, or trustees
except in the form of services rendered by the corporation in
accordance with its purposes and bylaws;
(b) Salary or compensation paid to its officers and
executives must be only for actual services rendered, and at
levels comparable to the salary or compensation of like positions
within the public service of the state;
(c) Assets of the corporation must be irrevocably dedicated
to the activities for which the exemption is granted and, on the
liquidation, dissolution, or abandonment by the corporation, may
not inure directly or indirectly to the benefit of any member or
individual except a nonprofit organization, association, or
corporation which also would be entitled to the exemption;
(d) The corporation must be duly licensed or certified where
licensing or certification is required by law or regulation;
(e) The amounts received qualifying for exemption must be
used for the activities for which the exemption is granted;
(f) Services must be available regardless of race, color,
national origin, or ancestry; and
(g) The director of revenue must have access to its books in
order to determine whether the corporation is exempt from taxes
within the intent of RCW 82.04.4297 and this section.
(2) The term "health or social welfare services" includes
and is limited to:
(a) Mental health, drug, or alcoholism counseling or
treatment;
(b) Family counseling;
(c) Health care services;
(d) Therapeutic, diagnostic, rehabilitative, or restorative
services for the care of the sick, aged, or physically,
developmentally, or emotionally-disabled individuals;
(e) Activities which are for the purpose of preventing or
ameliorating juvenile delinquency or child abuse, including
recreational activities for those purposes;
(f) Care of orphans or foster children;
(g) Day care of children;
(h) Employment development, training, and placement;
(i) Legal services to the indigent;
(j) Weatherization assistance or minor home repair for
low-income homeowners or renters;
(k) Assistance to low-income homeowners and renters to
offset the cost of home heating energy, through direct benefits
to eligible households or to fuel vendors on behalf of eligible
households;
(l) Community services to low-income individuals, families,
and groups, which are designed to have a measurable and
potentially major impact on causes of poverty in communities of
the state; and
(m) Temporary medical housing, as defined in RCW 82.08.997,
if the housing is provided only:
(i) While the patient is receiving medical treatment at a
hospital required to be licensed under RCW 70.41.090 or at an
outpatient clinic associated with such hospital, including any
period of recuperation or observation immediately following such
medical treatment; and
(ii) By a person that does not furnish lodging or related
services to the general public.
[2011 1st sp.s. c 19 § 3; 2008 c 137 § 1; 1986 c 261 § 6; 1985 c 431 § 3; 1983 1st ex.s. c 66 § 1; 1980 c 37 § 80; 1979 ex.s. c 196 § 6.]
NOTES:
Application -- 2011 1st sp.s. c 19: See note following RCW 82.04.4277.
Effective date -- 2008 c 137: See note following RCW 82.08.997.
Intent -- 1980 c 37: See note following RCW 82.04.4281.
Effective date -- 1979 ex.s. c 196: See note following RCW 82.04.240.